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S.D.N.Y.Procedural orderFiled Jan. 13, 2020

Bernardez Melendez v. Mokbar LLC.

Judge
Ronnie Abrams
Docket
1:19-cv-06984
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Bernardez Melendez v. Mokbar LLC, Judge Abrams discontinued the settled case without prejudice to timely restoration.

Who this affects

The plaintiff and defendants were affected because the action was discontinued and the case was closed after the court was informed of a settlement in principle.

What happened

In Bernardez Melendez v. Mokbar LLC, the court was informed that the parties had settled the case in principle.

The court discontinued the action without costs to any party and without prejudice to restoring it if an application was made within 30 days. The court directed the clerk to close the case.

Judge Ronnie Abrams also stated that any request for the court to retain authority to enforce the settlement had to be placed on the public record and approved by the court within the same 30-day period.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Bernardez Melendez v. Mokbar LLC. · No. 1:19-cv-06984
Judge
Ronnie Abrams
Date
Jan. 13, 2020

Background

The court stated that it had been informed that the parties had settled the case in principle. The opinion does not describe the underlying claims or the settlement terms.

Order

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court's docket if an application to restore it was made within 30 days. It stated that an application to reopen filed after that period could be denied solely because it was late.

If the parties wanted the court to retain jurisdiction—that is, authority—to enforce the settlement agreement, the agreement's terms had to be placed on the public record and approved by the court within the same 30-day period. The clerk was directed to close the case.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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